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Home My WebLink About20011500.tiff FRONTIER 1 ) CRUDE OIL DIVISION ORDER L.) El 5: 3,! TO: Frontier Oil and Refining Company Date: May 1, 2001 5340 S. Quebec, Suite 200N Lease No: CO-1145 Englewood, Colorado 80111-1911 Contract No: 9709-009P Telephone (303) 714-0100 Operator: Southwestern Prod. Corp. Fax (303) 714-0163 Prepared By: Shelley Border The undersigned, and each of them, guarantee and warrant that they are the legal owners in the proportions set out below of all the oil, condensate and/or other hydrocarbons produced from the MOSER #23-33 described as: Township 5 North. Range 67 West, 6th P.M. Section 33: NE/4 SW/4 in WELD County,State of COLORADO,and commencing at 7 a.m.on the FIRSTday of APRIL, 2001,and until further written notice either from you or us, you are authorized to receive oil therefrom, giving credit as directed below: OWNER NO. CREDIT TO DIVISION/KIND OF INTEREST FOR DIVISION OF INTEREST SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF INDEMNITY: THE UNDERSIGNEDAGREES TO PAY ALL WORKING INTERESTOWNERSAND ANY OTHER PERSONS WHOHAVE ANY RIGHT,TITLE,INTEREST OR CLAIM IN AND TO SAID OIL,AND TO HOLD YOU HARMLESS FROM ALL LOSS,COST,EXPENSE OR DAMAGE YOU MAY INCUR BY REASON OF YOUR MAKING PAYMENT AS HEREIN PROVIDED,AND TO DEFEND IN YOUR NAME ANY SUITS WHICH MAY BE BROUGHT AGAINST YOU BY ANY PARTIES ASSERTING ANY INTEREST OR CLAIM TO THE OIL SOLD HEREUNDER OR ITS PROCEEDS,AND TO PAY ALL COURT COSTS,ATTORNEYS FEES AND INTEREST IN CONNECTION THEREWITH. THE COVENANTS APPEARING ON THE REVERSE SIDE HEREOF ARE ALSO PART OF THIS DIVISION ORDER AND SHALL BE BINDING ON THE UNDERSIGNED,THEIR SUCCESSORS,LEGAL REPRESENTATIVES,AND ASSIGNS: NOTICE: The U.S.Internal Revenue Service requires that owners furnish their Social Security or Employer the signature line.Read the terms on the back before signing below.If executing on beha f orporawGonNumteyr.your Please insert this impress corporate below orate seal,and have your signature attested by the secretary of the corporation. corporation,Indicate youreBkial capacity,impreasthe corporate Signature of One Signature of Mail Check To The Witness or Attest Owner Following Address (Please Print or Type) SOUTHWESTERN PRODUCTION CORP. 915 10th Street By: . J. Geile (05/30/01) By: Title: Chair, Weld Coun ��` Title: Greeley, CO 80631 Board a Comm i � a -1218694 Attest: al Secunty/Employer ID Number Clerk to rC Q86'a . MI By: a �- ey, • jt Deputy Clerk to 2001-1500 LeOOO$ ' A R • FIRST: The oil received and purchased hereunder shall become your property as soon as the same is received into your custody or that of any carrier designated by you. SECOND: The oil received and purchased hereunder shall be delivered F.O.B.to any carrier designated by you which gathers and receives said oil, and you agree to pay for such oil to the respective owners according to the division of interest above specified at the price posted for oil of the same grade and gravity in the same producing field on the date said oil is received by you. If the oil should be sold by you to another purchaser accepting delivery thereof at the lease tanks, settlement therefor shall be based upon the price received by you for such oil and upon the volume computation made by such purchaser. THIRD: Quality and quantity shall be determined in accordance with the conditions specified in the price I posting. You may refuse to receive any oil not considered merchantable by you. FOURTH: Settlements and payments shall be made monthly for oil received and purchased during the preceding month, by check mailed to the respective parties at the address above given, for the amount of such purchase price due said parties respectively, less any taxes required by law to be deducted and paid by you as purchaser. If at any settlement date the amount payable to any party hereunder shall be less than twenty-five dollars($25.00)per month,settlement may be made annually, without interest. FIFTH: Satisfactory abstracts or other evidence of title will be furnished you at any time on demand. In the event of failure to furnish such evidence of title, or in the event of any dispute or question at any time concerning the title to said land and/or the oil produced therefrom, you are authorized to withhold the proceeds of all oil received and run, without interest,until such dispute,defect or question of title is corrected or removed to your satisfaction,or until indemnity satisfactory to you has been furnished;and in the event any action or suit is filed in any court affecting the title to the land above described or the oil produced therefrom, to which any of the undersigned is a party,written notice of the filing of such suit or action shall be immediately furnished you by the undersigned,stating the court in which the same is filed and the title of such suit or action. You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. You are hereby relieved of responsibility for determining if and when any of the interests hereinabove set forth shall revert to or be owned by others as a result of the completion or discharge of any payment or the termination of any estate or disability. SIXTH: This Division Order shall become valid and binding on each and every owner above named as soon as signed by him or her regardless of whether or not any of the other above named owners have so signed; and in consideration of the purchase of oil hereunder, consent is hereby given to you and/or any pipeline company which you may cause to connect with the wells and/or tanks on said land, to disconnect and remove such pipelines, in case of termination by either you or us of purchase under this Division Order. Any change in interest or ownership shall be effective as to Purchaser on the first day of a calendar month, following date of receipt. SEVENTH: Working Interest Owners and/or Operators who sign this Division Order,and each of them,guarantee and warrant, for your benefit and that of any pipeline or other carrier designated by you to run or transport said oil, that all oil tendered hereunder has been or will be produced in accordance with applicable laws and official rules and regulations. Royalty Owners who sign this Division Order recognize as valid and subsisting in full force and effect all oil and gas leases of record held by the within named Working Interest Owners, which cover or purport to cover Royalty Owner's interest in the above described lands as well as any unit and the same are hereby ratified, adopted and confirmed. Insofar as necessary to effect the purposes of this provision, this instrument shall be construed as containing words of present grant. FRONTIE- EXHIBIT"A" ATTACHED TO AND MADE PART OF FRONTIER OIL AND REFINING COMPANY CRUDE OIL DIVISION ORDER DATED MAY 1,2001 MOSER 023-33 Lease No.CO-1145 Page 1 of 2 OWNER NO. CREDIT TO DIVISION/KIND OF INTEREST 5852 Big Thompson Valley Farm .02500000 RI 24308 Weld County Road 17 Johnstown,Colorado 80534 4708 Bruce L. Binder .00667916 RI 24676 Highway 392 Greeley,Colorado 80631 4709 Howard Binder,Jr. .00667917 RI 6155 Weld County Road 23 Fort Lupton, Colorado 80621 5853 Ronald Gerberding and Ann P. Gerberding .00056391 RI HC 3, Box 308-15 Lampe, Missouri 65681-9520 5854 Muriel Jeannette Moser Halley .01335833 RI 2152 Buena Vista Drive Greeley, Colorado 80634-6627 5855 Shirley Kammerzell .00229000 RI 1112 Prospect Fort Morgan, Colorado 80701 5856 Delbert A. Kirby .01335833 RI 19822 Weld County Road 15 Johnstown, Colorado 80534 5857 Donna R. Moser McDaniel .00667917 RI 16301 East Hialeah Drive Aurora, Colorado 80015 5858 Harold Moser .01335833 RI 6120 Gazley Road Myrtle Creek, Oregon 97457 5859 Jerry L. Moser .00667917 RI 21 South Rutherford Avenue Johnstown, Colorado 80534 5860 Steve Moser .01335834 RI 536 Whiting Woods Road Glendale, California 91208 5861 Charlene Nelson .01562500 RI 9000 Weld County Road 52 Milliken,Colorado 80543 5862 Paul Nelson .01562500 RI 9000 Weld County Road 52 Milliken, Colorado 80543 5863 Duane Weber .00229000 RI P.O. Box 1803 Raton, New Mexico 87740 5864 Keith Weber .00229000 RI 12767 Weld County Road 2 Wiggins, Colorado 80654 5865 Larry Weber .00229000 RI 97 Jefferson Road Wheatland,Wyoming 82201 5866 Maudie Weber .00229000 RI 559 Lanceshire Lane State College, Pennsylvania 16803 EXHIBIT"A"-Continued MOSER 023.33 Uric No.CO-1145 Papa 2 of 2 OWNER NO. CREDIT TO DIVISION/KIND OF INTEREST 2313 Weld County Board of Commissioners .00367303 RI P.O. Box 758 Greeley, Colorado 80632-0758 RI Sub-Total .15208694 2594 Gordon Duffy .00194520 ORI 8212 Marshall Court Arvada, Colorado 80003-1735 2600 Gene E. Gregg .00110230 ORI do Gene E. Gregg,Jr. 575 West Orange Grove Avenue Pasadena, California 91106-2105 2601 Gene E. Gregg,Jr. .00019450 ORI 575 West Orange Grove Avenue Pasadena, California 91106-2105 1541 Cassandra Herbert .00244687 ORI 95 Emerson Street,#201 Denver, Colorado 80218 2602 Elizabeth G.Jaques .00019450 ORI 19 Alexander Avenue Sausalito,California 94965 5867 Lawrence M. Mayers .01624910 ORI 6644 South Prescott Way Littleton,Colorado 80120 2595 Kathryn McCarthy .00019670 ORI Sunshine Mesa Ranch, Box 900 Hotchkiss, Colorado 81419-0900 2596 T. M. McCoy .00090770 ORI P.O. Box 608 Wilson,Wyoming 83014-0608 2599 Jo D. Nohre .00006490 ORI 714 East Magnolia Burbank, California 91501 2597 Mary Lee Stevenson .00042080 ORI 5660 South 1740 East Salt Lake City, Utah 84121-1236 2598 Rosita Trujillo .00364020 ORI P.O. Box 1225 Cheyenne,Wyoming 82003-1225 2462 Wild West Joint Venture .00400610 ORI do Francis Energy, Inc. P.O. Box 2331 ORI Sub-Total .03136887 Greeley, Colorado 80632 3725 Southwestern Eagle, LLC .74854419 NWI 1675 Larimer Street, Suite 820 Denver, Colorado 80202 3724 Southwestern Production Corp.,for Distribution To Working Interest Owners .06800000 NW 1675 Larimer Street, Suite 820 Denver, Colorado 80202 WI Sub-Total .81654419 TOTAL 1.00000000 RI =Royalty Interest ORI=Overriding Royalty Interest NWI=Net Working Interest(Net Revenue Interest) III` t f: FRONTIER OIL and REFINING COMPANY _ a Subsidiary of Frontier Refining&Marketing Inc, FRONTIER 5340 5.QUEBEC STREET,SUITE 200N '":1 S: ?A GREENWOOD VILLAGE,COLORADO 80111-1911 )303)714-0100 May 1, 2001 TO ALL INTEREST OWNERS Re: MOSER #23-33 Lease No. CO-1145 MOSER #34-33 Lease No. CO-1146 Weld County, Colorado Ladies and Gentlemen: Effective April 1, 2001, Frontier Oil and Refining Company began purchasing the crude oil production from the above-referenced properties and assumed responsibility for disbursing proceeds to all interest owners. TEPPCO Crude Oil previously purchased the oil from the Moser wells and paid revenues to you. Accordingly, enclosed are two copies each of our Crude Oil Division Orders for each well. Please refer to the attached instruction sheet and execute all copies. You may retain one copy of each Division Order for your records, and please return the other executed copies to my attention at the above address. As soon as we receive your properly executed Division Orders, we should be able to place your account in line for payment. Thank you for your cooperation in this matter, and please don't hesitate to contact us should you have any questions. Sincerely, Shelley Border Division Order Department enclosures FRONTIER OIL and REFINING COMPANY INSTRUCTIONS TO ALL INTEREST OWNERS Please read carefully before signing the instrument: 1. Your interest as shown on this instrument should not be altered in any way unless accompanied by documentary evidence to support the change. We may reject any orders changed without our approval. 2. Sign your name EXACTLY AS IT APPEARS ON THE INSTRUMENT. Have your signature witnessed by one(I) disinterested party. 3. If signing for a corporation, signature must be attested, corporate seal affixed and title of signatory party shown. 4. If signing fora partnership,all partners must sign,unless signed by an authorized partner and we are furnished a certified cony of his/her authority. 5. If the instrument is signed by an agent, attorney-in-fact, guardian, estate representative, trustee or any party other than the named interest owner,we must have evidence of the rights vested in the signatory party. 6. If an interest is shown jointly for more than one person, each party must sign the division order in the manner that his or her name is shown thereon. In the event one party has been designated agent for the joint interest shown or he/she has been granted a power of attorney for the other party(ies), we must have evidence to this effect. 7. Insert your Tax Identification Number or Social Security Number,whichever is applicable, in the space provided. We may withhold partial payment until such number is received. 8. Insert the address to which checks are to be mailed in the space provided. 9. You should notify us promptly,in writing,of any changes in your mailing address. Always include your owner number which appears on your check and your old address, and then state your new address. 10. Return the executed instrument without delay to the address below. KEEP ONE COPY FOR YOUR RECORDS. FRONTIER OIL AND REFINING COMPANY 5340 S. QUEBEC STREET, SUITE 200N ENGLEWOOD, COLORADO 80111-1911 ATTENTION: DIVISION ORDER DEPARTMENT 106 COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order and Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attoo staff as to , gal description, and percentages royalties, if a Ica ,z2k- BY: my Attorney DATE: Hello